Kuwait Court of Cassation principle number 3878

Clarity of the wording of the provision. Its effect. It is impermissible to adopt what contradicts it or to restrict it. The reason therefor. Not introducing a rule contrary to the legislature’s intent. - The three cases in which deductions may be made from, or attachment imposed on, an employee’s salary or any sums payable to the government by the employee. What they are: maintenance awarded by a judgment, payment of what is owed by him to the government by reason of performing his duties, or recovery of what was paid to him without entitlement. The government has the right to deduct in the first and second cases without an enforceable instrument. - The phrase “recovery of what was paid to him without entitlement” appearing in general, unrestricted terms without qualification. Its effect. It may not be restricted. Its implication: deductions may be made directly from the employee’s salary even if unrelated to his employment. The judgment’s contravention thereof on the basis that the sums were paid to the employee in his capacity as a student. An error in the application of the law requiring its cassation. - Tender and deposit:-